Secretary, New South Wales Department of Family and Community Services by his delegate, Principal Officer, Barnados Australia v HR & CD [2016] NSWSC 1926

Supreme Court New South Wales

Medium Neutral Citation: Secretary, New South Wales Department of Family and Community Services by his delegate, Principal Officer, Barnados Australia v HR & CD [2016] NSWSC 1926 Hearing dates: 24, 25, 26 October, 9 November 2016 Date of orders: 21 November 2016 Decision date: 21 November 2016 Jurisdiction: Common Law Before: Sackar J Decision: See paragraph [391] Catchwords: EQUITY – adoption – whether adoption by the proposed applicants will promote the welfare of the child – whether dispensing with the birth parents' consent is in the best interests of the child – whether the best interests of the child will be promoted by the making of an adoption order and preferable to any other action that could be taken by law in relation to their care – whether the Paternal and Maternal Adoption Plans should be registered – whether the court should order the child's surname to be changed Legislation Cited: Adoption Act 2000 (NSW) Adoption Amendment (Same Sex Couples) Act 2010 (NSW) Children and Young Persons (Care and Protection) Act 1998 (NSW) Cases Cited: Adoption of BS (No 3) [2013] NSWSC 2033 Adoption of NG (No 2) [2014] NSWSC 680 Adoption of RCC and RZA [2015] NSWSC 813 Adoption of SVS [2015] NSWSC 2043 Application of A - re D [2006] NSWSC 1056 Application of A; Re D (2006) 36 Fam LR 142 Deputy of Community Services v D (2007) 37 Fam LR 595 DFaCS (NSW) and Abbey [2013] NSWChC 3 Director-General, Dept of Community Services v D & Ors (2007) 37 Fam LR 595; [2007] NSWSC 762 Re Adoption of RCC [2015] NSWSC 813 Re H (Adoption: Parental Agreement) (1982) 3 FLR 386 Re JLR [2015] NSWSC 926 Re O (Contact: Imposition of conditions) [1995] 2 FLR 124 Re: William and Jane [2010] NSWSC 1435 W (A Child) [2016] EWCA Civ 793 Category: Principal judgment Parties: Secretary, New South Wales Department of Family and Community Services by his delegate, Principal Officer, Barnados Australia (plaintiff) H R (first defendant) C D (second defendant) Representation: Counsel: T Stevens (plaintiff) C Sperling (first defendant) Self-represented (second defendant)